SLS 17RS-447 REENGROSSED
2017 Regular Session
SENATE BILL NO. 129
BY SENATORS ALLAIN AND APPEL
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
SERVITUDES. Provides relative to compensation and indemnity for right and servitude of
passage on certain waterways. (8/1/17)
1 AN ACT
2 To amend and reenact R.S. 9:1254(A), relative to rights and servitude of passage on certain
3 waterways; to provide for limitations of a servitude of passage; and to provide for
4 related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 9:1254(A) is hereby amended and reenacted to read as follows:
7 ยง1254. Enclosed estate; right and servitude of passage on certain waterways
8 A. The owner of an enclosed estate who has no access to his estate other than
9 by way of an existing waterway passing through neighboring property shall have a
10 right and servitude of passage on such waterway. He is bound to indemnify his
11 neighbor for the damage he may occasion, and to reasonably compensate his
12 neighbor for the right and servitude acquired if it is used for commercial or
13 business purposes. The existing waterway passing through the neighboring property
14 shall be directly accessible from a publicly navigable waterway, and shall have been
15 and shall still be capable of use for navigation by the owner of either the dominant
16 or servient estate at the time of acquisition by act of sale, inheritance, or otherwise,
17 by the owner of the dominant estate.
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 129
SLS 17RS-447 REENGROSSED
1 * * *
2 Section 2. The provisions of this Act shall have prospective application only.
The original instrument was prepared by Benjamin A. Huxen, II. The
following digest, which does not constitute a part of the legislative
instrument, was prepared by Linda Nugent.
DIGEST
SB 129 Reengrossed 2017 Regular Session Allain
Present law provides that the owner of an enclosed estate who has no access to his estate
other than by way of an existing waterway passing through neighboring property shall have
a right and servitude of passage on such waterway.
Proposed law provides that such owner is bound to indemnify his neighbor for the damage
he may occasion, and to reasonably compensate his neighbor for the right and servitude
acquired if it is used for commercial or business purposes.
Proposed law further provides that it shall have prospective application only.
Effective August 1, 2017.
(Amends R.S. 9:1254(A))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary A to the
original bill
1. Changed "compensate" to "reasonably compensate".
2. Added prospective application only.
Senate Floor Amendments to engrossed bill
1. Restricts reasonable compensation to his neighbor for the right and servitude
acquired if it is used for commercial or business purposes.
2. Retains indemnity requirement.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.